TAILOR
MADE SOFTWARE, LTD.
CADVIEWER
EVALUATION COPY LICENSE AGREEMENT
NOTICE
TO USER: PLEASE READ THIS FIRST!
THIS
IS A LICENSE AGREEMENT
TAILOR MADE
SOFTWARE LTD, WILL LICENSE THE
ACCOMPANYING CADVIEWER EVALUATION SOFTWARE TO YOU ONLY UPON THE CONDITION THAT
YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT AND ANY
SUPPLEMENTARY OR UNIQUE LICENSE TERMS INCLUDED HEREWITH
("AGREEMENT").
READ THE TERMS AND
CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE SELECTING THE "I
ACCEPT" BUTTON AT THE BOTTOM OF THE PAGE. BY SELECTING THE "I
ACCEPT" BUTTON, YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS OF THE
LICENSE AGREEMENT AND THE SOFTWARE WILL BE INSTALLED.
IF YOU ARE NOT
WILLING TO BE BOUND BY THIS AGREEMENT AND YOU DO NOT AGREE TO ALL ITS TERMS AND
CONDITIONS, SELECT "I DO NOT ACCEPT " -- WHICH WILL CANCEL THE
LOADING OF THE SOFTWARE.
YOUR USE OF THE
SOFTWARE INDICATES YOUR ASSENT TO BE BOUND BY THE LICENSE TERMS SET FORTH
BELOW.
This is a Tailor
Made Software ("TMS") License Agreement for CADViewer (and its
associated products as defined in the Definitions Section (a) below) and its related
explanatory materials ("Software"). The term "Software"
shall also include any upgrades, modified versions or updates of the Software
licensed to you by Tailor Made Software, Ltd.
Tailor Made
Software, Ltd grants to you a nonexclusive limited license to use and copy the
Software, provided that you agree to the following:
DEFINITIONS
a) “Product or Products” means the software
supplied to you by Tailor Made Software (namely CADViewer, CADViewer Evaluation
Copy, CADViewer Trial, CADViewer Lite, CADViewer Advanced, CADViewer Pro and or
CADViewer Enterprise), any updates, patches or upgrades provided by Tailor Made
Software, Ltd., online electronic documentation, HTML files, help text, and PDF
files, and may include associated media or printed materials.
(b)
“Software” means
the software supplied to you by Tailor Made Software (namely CADViewer,
CADViewer
Evaluation Copy, CADViewer Trial, CADViewer Lite, CADViewer Advanced, CADViewer
Pro and or CADViewer Enterprise), any updates, patches or upgrades provided by
Tailor Made Software, Ltd., online electronic documentation, HTML files, help
text, and PDF files, and may include associated media or printed materials.
(c)
“Server” means a
single server owned, controlled, operated on behalf of or otherwise maintained
by
you located at the URL specified in
your order form.
EVALUATION COPY LICENSE GRANT (LIMITED
USE LICENSE)
Tailor Made Software, Ltd. hereby grants to you a nontransferable, nonexclusive
license to install and use for evaluation purposes only a single copy of the
Products for the purpose of processing and/or viewing your information for the
Evaluation of the Product. CADViewer may NOT be used to provide access or
services to third parties. You may NOT use CADViewer to run a service
bureau. You may NOT charge for usage of CADViewer Trial in any way (this
includes fee based web sites as well as advertising supported web sites).
You may NOT use CADViewer to (a) compete with TMS’s current or future products
or services or (b) display drawings belonging to more than one business entity.
TMS may, from time to time, under no obligation and at TMS’s sole discretion,
provide updates, patches or upgrades to CADViewer Trial. All rights not
expressly granted herein are retained by TMS.
COPYRIGHT/PROPRIETARY RIGHTS
The Software is
owned by Tailor Made Software, Ltd and its suppliers, and its structure,
organization and code are the valuable trade secrets of Tailor Made Software,
Ltd and its suppliers. The Software is also protected by copyright law and
international treaty provisions. You may use trademarks only to identify
printed output produced by the Software, in accordance with accepted trademark
practice, including identification of trademark owner's name. Such use of any
trademark does not give you any rights of ownership in that trademark. Except
as stated above, this Agreement does not grant you any intellectual property
rights in the Software.
RESTRICTIONS
You agree not to
rent, lease, modify, adapt, translate, reverse engineer, decompile, or
disassemble the Software or otherwise attempt to discover the source code of
the Software except to the extent permitted by law where this is indispensable
to obtain the information necessary to achieve interoperability of an
independently created program with the Software or with another program and
such information is not readily available from Tailor Made Software, Ltd or
elsewhere. You may not decompile the
Software if such information is available by licensing any Tailor Made
Software, Ltd Software Developer's Kit or other Tailor Made Software, Ltd
software product through an Authorized Tailor Made Software, Ltd Reseller or a
local Tailor Made Software, Ltd office.
You understand and acknowledge that this Agreement provides
for the copying and distribution of the Software in its entirety and does not
allow for partial distribution of any of the components (.dlls or other files)
that make up the Software. Creating
derivatives of the Software is strictly prohibited. Redistribution of: (i) the Software that is integrated with other
technology as a component or standalone product and does not provide end user
access to the complete CADViewer install process; (ii) incomplete, modified,
reverse engineered, or otherwise altered copies of the Software, is not
permitted and will result in termination of this Agreement.
COPYING THE SOFTWARE EXCEPT AS PERMITTED BY THIS END USER
LICENSE AGREEMENT IS COPYRIGHT INFRINGEMENT UNDER THE LAWS OF YOUR
COUNTRY. IF YOU COPY THE SOFTWARE IN
VIOLATION OF THIS END USER LICENSE AGREEMENT THEN YOU ARE VIOLATING THE
LAW. YOU MAY BE LIABLE TO TAILOR MADE
SOFTWARE, LTD FOR DAMAGES AND YOU MAY BE SUBJECT TO CRIMINAL PENALTIES.
NO WARRANTY
The Software is
provided to you "AS IS," and you acknowledge that it may contain
errors. Tailor Made Software, Ltd disclaims any warranty or liability
obligations to you of any kind.
TAILOR MADE SOFTWARE, LTD AND ITS SUPPLIERS
DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING
THE SOFTWARE OR DOCUMENTATION. TAILOR MADE SOFTWARE, LTD AND ITS SUPPLIERS MAKE
NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS,
MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL TAILOR
MADE SOFTWARE, LTD OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL,
INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN
IF AN TAILOR MADE SOFTWARE, LTD REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
Some States or
jurisdictions do not allow the exclusion or limitation of incidental,
consequential or special damages, or the exclusion of implied warranties or
limitations on how long an implied warranty may last, so the above limitations
may not apply to you.
DISCLAIMER
COMPUTER-AIDED
DESIGN SOFTWARE AND OTHER TECHNICAL SOFTWARE ARE TOOLS INTENDED TO BE USED BY
TRAINED PROFESSIONALS ONLY. THEY ARE NOT SUBSTITUTES FOR YOUR PROFESSIONAL
JUDGMENT. COMPUTER-AIDED DESIGN SOFTWARE AND OTHER TECHNICAL SOFTWARE ARE
INTENDED TO ASSIST WITH PRODUCT DESIGN AND ARE NOT SUBSTITUTES FOR INDEPENDENT
TESTING OF PRODUCT STRESS, SAFETY AND UTILITY. DUE TO THE LARGE VARIETY OF
POTENTIAL APPLICATIONS FOR THE SOFTWARE, THE SOFTWARE HAS NOT BEEN TESTED IN
ALL SITUATIONS UNDER WHICH IT MAY BE USED. TAILOR MADE SOFTWARE, LTD SHALL NOT
BE LIABLE IN ANY MANNER WHATSOEVER FOR THE RESULTS OBTAINED THROUGH THE USE OF
THE SOFTWARE. PERSONS USING THE SOFTWARE ARE RESPONSIBLE FOR THE SUPERVISION,
MANAGEMENT AND CONTROL OF THE SOFTWARE. THIS RESPONSIBILITY INCLUDES, BUT IS
NOT LIMITED TO, THE DETERMINATION OF APPROPRIATE USES FOR THE SOFTWARE AND THE
SELECTION OF THE SOFTWARE AND OTHER PROGRAMS TO ACHIEVE INTENDED RESULTS.
PERSONS USING THE SOFTWARE ARE ALSO RESPONSIBLE FOR ESTABLISHING THE ADEQUACY
OF INDEPENDENT PROCEDURES FOR TESTING THE RELIABILITY AND ACCURACY OF ANY
PROGRAM OUTPUT, INCLUDING ALL ITEMS DESIGNED BY USING THE SOFTWARE.
LIMITATION OF LIABILITY
IN NO EVENT WILL TAILOR
MADE SOFTWARE, LTD BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING
LOSS OF DATA, LOST PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE
THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY.
THIS LIMITATION WILL APPLY EVEN IF TAILOR MADE SOFTWARE, LTD HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU ACKNOWLEDGE THAT THE NO CHARGE
LICENSE FEE REFLECTS THIS ALLOCATION OF RISK.
GOVERNING LAW AND GENERAL PROVISIONS
This Agreement will be governed by the laws of the country
in which you acquired the Software,
excluding the application of its conflicts of law rules. This Agreement will
not be governed by the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is expressly excluded. If
any part of this Agreement is found void and unenforceable, it will not affect
the validity of the balance of the Agreement, which shall remain valid and
enforceable according to its terms. You agree that the Software will not be
shipped, transferred or exported into any country or used in any manner
prohibited by the United States Export Administration Act or any other applicable
export control law, restriction or regulation. This Agreement shall
automatically terminate upon failure by you to comply with its terms. This
Agreement may only be modified in writing signed by an authorized officer of Tailor
Made Software, Ltd.
NOTICE TO GOVERNMENT END USERS
If this product is
acquired under the terms of a GSA contract -- Use, reproduction or disclosure
is subject to the restrictions set forth in the applicable ADP Schedule
contract; DOD contract -- Use, duplication or disclosure by the Government is
subject to restrictions as set forth in subparagraph (c)(1)(ii) of
252.227-7013; Civilian agency contract -- Use, reproduction or disclosure is
subject to 52.227-19(a) through (d) and restrictions set forth in the
accompanying end user agreement.
By clicking on
"I Accept" you are consenting to be bound by the terms of this
license Agreement. If you do not agree to all the terms of this Agreement,
click "I Reject" which will cancel the download or installation
process.
Tailor Made Software, Ltd. Contact Information:
Tailor Made Software, Ltd.
P.O. Box 7149
Covington, Washington 98042
USA
Direct: 877.347.1404
Int’l
Ph: 253.631.1513
Fax: 253.639.4022
E-mail: info@tailormade.com
Web sites: www.tailormade.com;
www.cadviewer.com
______________________________________________________________________________________
All rights reserved. Tailor Made Software,
Ltd. www.tailormade.com, www.cadviewer.com, CADViewer Lite*, CADViewer Pro*,
CADViewer Advanced*, CADViewer Enterprise*, CADViewer-Developer Kit (DK) *,
Flat Out! *, HP2Design Pro*, CADDBridge*, AutoXchange*, Hp2Xchange*,
AcroXchange*, CADXchange*, and CADServer* are registered trademarks of Tailor
Made Software, Ltd. All other trademarks, service marks, registered trademarks,
or registered service marks may be the property of their respective owners. All
specifications are subject to change without notice.